On May 11, during its second session, the 17th Hanoi People's Council unanimously passed a resolution regulating several issues related to drafting and issuing legal normative documents to implement the Capital Law.

The resolution is considered an important legal foundation for institutionalizing special mechanisms and policies, enabling the city to take a more proactive role in governance, administration and the implementation of development tasks in the new period.

The resolution regulates the determination of authority to issue legal normative documents under Clause 2, Article 8 of the Capital Law and provides detailed guidance for Clause 3, Article 8 and Clause 6, Article 9 of the Capital Law.

It also stipulates procedures for issuing normative resolutions to decide on the application of laws under Clause 3, Article 5 of the Capital Law.

The resolution applies to agencies responsible for policy development, drafting and issuing legal normative documents, as well as related organizations and individuals.

The resolution emphasizes that the drafting and issuance of legal normative documents must ensure the comprehensive and direct leadership of the Party, while complying with the Constitution, the Capital Law and legal regulations on promulgating legal documents.

At the same time, the drafting process must ensure national defense and security, power control, the prevention of corruption, misconduct and wastefulness and the prevention of group interests and localism.

It must also encourage participation from directly affected groups and relevant agencies and organizations throughout the drafting process.

Regarding the authority to issue legal normative documents, the resolution stipulates that the Hanoi People's Council may issue documents adjusting administrative procedures, processes and authority currently regulated by documents of the National Assembly and the National Assembly Standing Committee to carry out the duties and powers of city agencies and organizations.

The Hanoi People's Council is also authorized to introduce specialized measures suited to the Capital's development requirements to organize and guide the implementation of laws and National Assembly resolutions in cases where regulations from the Government, Prime Minister, ministries, or ministerial-level agencies differ or have not yet been issued.

The Hanoi People's Committee may issue legal normative documents adjusting administrative procedures, processes and authority currently regulated by the Government, Prime Minister, ministries and ministerial-level agencies in order to carry out the duties and powers of People's Committees and chairpersons of People's Committees at all levels, along with agencies under the city's management.

Notably, the resolution provides detailed regulations on documentation, consultation procedures, public feedback, communications, publication, appraisal and review of draft legal normative documents.

Accordingly, drafting agencies must consult with the Vietnam Fatherland Front Committee of Hanoi, the Hanoi departments of Justice, Home Affairs, Science and Technology and Finance, experts, scientists, organizations, individuals and groups directly affected by the documents.

For draft documents containing provisions different from laws or National Assembly resolutions, or in areas where current laws do not yet provide regulations, drafting agencies must consult ministries, central agencies, the Ethnic Council, National Assembly committees and People's Committees of provinces within the Capital Region that are involved.

The resolution also dedicates a separate chapter to pilot resolutions on mechanisms and policies under Article 9 of the Capital Law.

Under the resolution, pilot mechanisms and policies must clearly define the necessity of the new policy, ensure implementation resources, establish monitoring, control and risk management mechanisms and identify criteria for evaluating effectiveness as well as conditions for official implementation or termination of the pilot program.

Dossiers proposing pilot mechanisms and policies must include reports summarizing practical implementation, policy impact assessments, reviews of Party guidelines, current laws and relevant international treaties.

The proposing agency must conduct practical surveys and collect feedback from departments, sectors, central agencies, local authorities and directly affected groups before submitting proposals to the Hanoi People's Committee for consideration.

The resolution also stipulates that appraisal of pilot resolutions may be conducted through appraisal councils or written consultations.

Members of appraisal councils include representatives from departments, sectors, central agencies, experts and scientists in related fields to ensure objectivity, comprehensiveness and feasibility of pilot policies.

In addition, the resolution clearly regulates procedures for drafting resolutions on selecting applicable laws under Clause 3, Article 5 of the Capital Law.

Documents registering proposals for such resolutions must clarify the necessity, rationality, feasibility, consistency with the city's legal system and the benefits and effectiveness of selecting more preferential and favorable legal provisions.

Under the resolution, the Hanoi People's Committee is responsible for organizing the implementation and fulfilling accountability obligations during the drafting and implementation of the city's legal normative documents to enforce the Capital Law.

The Standing Committee of the Hanoi People's Council, the committees of the Hanoi People's Council, delegate groups, council delegates and the Vietnam Fatherland Front at all levels in Hanoi are responsible for supervising the implementation of the resolution.